Simone Lawson
The United States Constitution is widely considered to be the world's most difficult document to amend. Since its drafting in 1787, it has been amended only 27 times, with the last ratified amendment taking place in 1992. The amendment process is intentionally challenging, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. This is further compounded by the need for ratification by three-fourths of the states. The Framers of the Constitution intended for it to be an enduring document, and while its rigidity may have been necessary for stability, it has resulted in a constitution that some scholars believe is suboptimal and frozen in the past.
| Characteristics | Values |
|---|---|
| Total number of amendments | 27 |
| Number of amendments passed by Congress and sent to the states | 33 |
| Number of measures proposed to amend the Constitution from 1789 through Jan. 3, 2019 | 11,848 |
| Last ratified amendment | 27th Amendment in 1992 |
| Difficulty in amending the Constitution | Very difficult and time-consuming |
| Number of amendments that have overruled an interpretation of the Constitution by the Supreme Court | 2 |
| Number of amendments proposed by Justice Stevens | 6 |
| Number of amendments since the Constitution was drafted in 1787 | 27 |
| Number of amendments proposed that never became law | Hundreds or thousands |
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What You'll Learn
The US Constitution was designed to be difficult to amend
The US Constitution was designed to be a durable document that would "endure for ages to come". Amending the Constitution was intentionally made difficult by its framers, who believed that a long and complicated amendment process would help create stability in the United States.
Article V of the Constitution sets out the two primary paths for amending the document. Firstly, an amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of state legislatures. However, this has never happened before.
For an amendment to become part of the Constitution, it must then be ratified by legislatures or conventions in three-quarters of the states (38 out of 50). This process is challenging and time-consuming, and only 27 amendments have been ratified since the Constitution was drafted in 1787. The last ratified amendment was the 27th Amendment in 1992, which took 202 years to get enough state votes.
The difficulty of amending the Constitution has led to concerns that it is stuck in the past and ill-suited to the present. Some scholars argue that the country is stuck with a suboptimal Constitution due to the veneration of the document and the challenges of amending it. The evolution of federalism and the proliferation of states have also increased the difficulty of securing the required agreement of three-quarters of the states.
The high level of partisan division in US politics further exacerbates the challenge of amending the Constitution. The two-party system means that partial bipartisan support is often needed for any amendment to pass, and the more partisan the country becomes, the harder it is for the parties to work together.
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Amendments require a two-thirds majority in Congress
The United States Constitution is considered the “supreme law of the land,” and the government must follow it. The Constitution can only be changed through the amendment process, which is very difficult and time-consuming.
Amending the US Constitution requires a two-thirds majority in Congress, or a two-thirds vote at a national convention, which has never happened before. This means that for an amendment to be approved, two-thirds of both houses of Congress must pass it. This is challenging because the US is a two-party system, and no party gets a two-thirds majority at the federal level. Therefore, bipartisan support is needed for any amendment to pass. The more partisan the country becomes, the harder it is to amend the Constitution as the parties are less likely to work together.
The two-thirds majority in Congress is just the first step in the amendment process. After an amendment is passed by Congress, it must be ratified by three-fourths of all states, either in their state legislatures or at a special convention. This means that even if an amendment has the support of two-thirds of Congress, it can still be blocked by one-fourth of the states.
The Framers of the Constitution intentionally made it difficult to amend, believing that a long and complicated amendment process would help create stability in the country. As a result, amendments to the Constitution are usually only needed for significant issues that affect all Americans or secure the rights of citizens. They are also typically permanent, as it is so challenging to make changes.
The difficulty of amending the Constitution has led to a low number of successful amendments. Since the Constitution was drafted in 1787, there have only been 27 amendments, with the last one being ratified in 1992. This shows that while it is not impossible to amend the Constitution, it is a challenging and rare occurrence.
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Three-quarters of states must ratify an amendment
The United States Constitution is considered the “supreme law of the land,” and the government must follow it. The Constitution was written "to endure for ages to come," and to ensure it would last, the framers made amending the document a difficult task. The framers believed that a long and complicated amendment process would help create stability in the United States.
The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The last ratified amendment was the 27th Amendment in 1992. The amendment process is very difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures.
The process of amending the US Constitution has become even more challenging due to the proliferation of states. When the Constitution came into force, there were only thirteen states, but since 1967, the number has increased to fifty. As a result, securing the agreement of three-quarters of the states, or 38 out of 50 states, to ratify an amendment has become significantly more challenging. The higher the partisan division, the more difficult it is to achieve the required supermajority agreement among legislatures.
The difficulty in amending the Constitution has led to a backlog of proposed amendments. Approximately 11,848 measures have been proposed to amend the Constitution from 1789 through January 3, 2019, according to the US Senate's records. Many of these proposals have not been successful in becoming new amendments, even with widespread support.
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The US Constitution has only been amended 27 times
The process of amending the Constitution is outlined in Article V. An amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of state legislatures. However, a constitutional convention has never happened. Once an amendment is proposed, it must be ratified by legislatures or conventions in three-fourths of the states (38 out of 50 states).
The difficulty in amending the Constitution is further exacerbated by the country's two-party system. As no party ever gets a two-thirds majority at the federal level, bipartisan support is required for any amendment to pass. The higher the partisan division, the harder it is to amend the Constitution.
The last successful amendment to the Constitution was the 27th Amendment in 1992, which took 202 years to be ratified. This amendment prevents a congressional pay raise from taking effect until after the next congressional election. The lengthy ratification period demonstrates the challenging nature of amending the Constitution.
The Constitution's enduring nature has led to criticisms that it is outdated and no longer suited to the present. Some scholars argue that the country is stuck with a suboptimal Constitution due to the difficulty of amending it. Despite calls for constitutional change, the process remains challenging, resulting in only 27 successful amendments out of the thousands proposed.
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The last amendment was in 1992
The US Constitution is notoriously difficult to amend, with only 27 amendments having been ratified out of 33 passed by Congress and sent to the states. The last amendment, which was in 1992, is a testament to this.
The 27th Amendment, which was proposed and passed by Congress in 1789, took 203 years to be ratified. This is because it requires the approval of three-quarters of state legislatures, or 38 out of 50 states, to become part of the Constitution. In 1992, enough states had finally ratified the amendment, with Michigan believed to be the 38th state to do so on May 7, 1992. However, it was later discovered that the Kentucky General Assembly had ratified the amendment during its initial month of statehood, making Alabama the 38th state on May 5, 1992.
The 27th Amendment's long road to ratification is not unique. For example, Ohio approved the amendment in 1873, and Wyoming in 1978, both as a means of protest against congressional pay raises. The amendment's certification in 1992 was also met with controversy, as Senator Robert Byrd scolded the Archivist of the United States, Don W. Wilson, for certifying it without congressional approval.
The difficulty in amending the US Constitution is due in part to the high bar set by the framers, who wanted the document to be "enduring". The proliferation of states from 13 to 50 has also increased the challenge of securing the required three-quarters approval. Additionally, the close political divide in Congress and the high level of partisan division make it harder to reach the supermajority agreement needed for a successful amendment.
Despite the challenges, proponents of amendments remain undeterred. Since 1789, approximately 11,848 measures have been proposed to amend the Constitution. The 27th Amendment itself is a significant achievement, reducing corruption in the legislative branch by preventing congresspersons from increasing their salaries without an election.
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Frequently asked questions
The US Constitution is intentionally difficult to amend. The Framers, or the men who wrote the Constitution, wanted the amendment process to be challenging to create stability in the country. They also wanted the Constitution to be an "enduring" document. The more partisan the US becomes, the harder it is to amend the Constitution, as bipartisan support is required.
The US Constitution has been amended 27 times since it was drafted in 1787. The last ratified amendment was the 27th Amendment in 1992.
There are two ways to amend the US Constitution. Firstly, an amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, a constitutional convention can be called for by two-thirds of state legislatures. A proposed amendment then needs to be ratified by three-fourths of the states (38 out of 50 states).
